December 2009

A Title VII disparate impact suit against Massachusetts is dismissed on appeal, on the ground that the state's involvement in certifying police officers for local governmental units does not make the state an "employer." A plaintiff who tried to keep her Ohio...

Two courts of appeal reverse (at least in part) district court decisions which dismissed claims prematurely on the pleadings: the Fourth Circuit on an Iqbal issue, and the Sixth Circuit on an equitable tolling issue based on incompetent lawyering in a federal-employee...

Though granting cert in no straight employment cases today (the last day before adjournment for the holidays), our U.S. Supreme Court issues in orders in two employment-related disputes concerning privacy and retaliation.In the Quon case, a 2008 Ninth Circuit...

As we wind up the year (and I take a short hiatus from blogging), the Third Circuit becomes the latest court to turn back an argument that Gross v. FBL Financial Services, 129 S. Ct. 2343 (2009), supersedes McDonnell Douglas in ADEA cases. The Second Circuit returns...